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(영문) 청주지방법원 2019.06.21 2018가단20057
부당이득금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On December 16, 200, H completed the registration of transfer of ownership in H’s name with respect to the land of 2483 square meters (hereinafter “instant land”).

B. On September 1, 2002, H died on September 1, 2002, and his husband I, F, and I inherited the property of H by the wife, who is the Defendant C, Defendant D, E, and H’s substitute heir, who is the Defendant C, Defendant D, E, and H’s substitute heir.

C. On July 18, 2015, I died, and he succeeded to the property of the Defendant C, Defendant D, E, and ASEAN, who is the substitute heir of Defendant C, Defendant D, E, and ASEAN, and the child Plaintiffs.

L died on October 2, 2017, and the plaintiffs, their children, inherited their property.

E. The final statutory inheritance due to the above succession with respect to H’s property is the Plaintiffs’ respective 7/42 shares, Defendant C6/42 shares, Defendant D, E, each 4/42 shares, and Defendant F14/42 shares.

F. On May 31, 2017, the instant land was divided into 1182 square meters (hereinafter “1 land”) and 1301 square meters (hereinafter “2 square meters”) before M, and on November 23, 2017, with respect to each of the said land, the registration of ownership transfer was completed on the grounds of inheritance on September 1, 2002 with respect to each of the said respective inheritance shares in the names of the Plaintiffs and the Defendants.

G. On December 18, 2017, as to the above inheritance shares in Defendant F’s name among the land on December 2, 2017, the registration of transfer of shares in the name of the Republic of Korea was completed on December 15, 2017 on the following grounds: on December 20, 2017, as to each inheritance shares in Defendant C, D, and E’s name among the land on December 20, 2017, on the ground of an agreement on the acquisition of the land for public use on December 19, 2017.

H. On December 26, 2017 or January 30, 2018, Defendant C received from Korea the payment of KRW 16,058,050 as compensation for each of the above inheritance shares in the land of Category II and KRW 10,705,370 for Defendant D, E, and Defendant F, as compensation for each of the above inheritance shares.

[Based on recognition] Unsatisfy, entry of Gap evidence 1, 5, and 6 (including virtual numbers; hereinafter the same shall apply), and the head of the Daejeon Regional Construction and Management Administration.

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